SIDEWALK AGREEMENT (44)
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~'~~1217m ,v. R,,4213 PAGE 790
~- TJJJ,(~ 'l\(;lU':Ehll':I~~J, m;ldv and l:nh'rl~d 'illio ihis Z'th (by uf _ Augtls!=
9 74 lJY and bC'tW(,t'll th<:' CITY OF CLE1\H. W A TEH, FLORIDA, a munici1iill (' Vllor;il i \ '"
hCl'cina{!jt'r rcferred 10 as "C~tyil; and Kenneth Fuchs and Patricia Fuchs, IS WI ,
\9 hercinaJ:!Jcr referred to as "'Ovmerll;
..
WITNESSETH:
WHEREAS. the: Ovner owns the following described real property situated in the
City of Clearwater, P;JJ:,:'d'1as County, Florida, to wit:
1718 Sharondale Drive, lot 59, Woodmont Park Estates
and
WHEREAS, Section 7-6 of the Code of Ordinances of the City requires that all land
that abuts a public right-of-way, which is to havc new constnlction on it, either for resi-
dcntial, cOlnnlcrcial, industrial or other purposes, shall have sidewalks constructed by
the owner on, aCl'OSS or adjacent thereto; and
WHEREAS,. -fuc Owner is erecting certain new' construction on said property and 1:2.5
req}.lested the City :.at this time not tlD require the in-u:nediatc installation and co nstruction
of Fr.idewalks in cr.:Jll'.rn.ection therewi.t!'l; and
WHEREAS" the Owner hac.:f :agreed that if in the future the City, in its sole discret:c::,
determines that id is advisable 3Xld neces sar)' to ha've such sidewalks installed, that the
Ovmer 'will, upon notification by ti}l.e City, have sidev,r;alks i1'nmediately installed at his ex-
pense, and if he should fail to den if;:<O then,the City n'lay have said installation made and il":'l?C:: ~
a lien against the described rear jpl'operty for the cost hereof;
NOW, THEREFORE, it: corusideration of the foregoing premises and other good 2::C
valuable consideration between Hbe partie s J receipt of '\vhich is hereby acknowledged, the
parties hereto covenant and agre;:e <llS follows:
1. The City will not at t)hi~, thne require the installation and construction of
sid~ewalks as part of the erection' 01 the building and improvements by the Owner on the
above described rc;m property. _1
2. The Ci'tT may at any 1i:O:m:e in the future notify the Owner, his heirs, pel's anal
representatives, successors or 2s.s'.igns that the City in its sole discretion has determinec
that it is advisablrc 2nd nccessant to> have sidewalks installed in connection with said
described real property.
,
3. The Owner or his hei::is, personal representatives, successors or assigns sha~l
at hi:> expense within ninety (90) clays; from the notification by the City h;ve side\valks In-
stalled for said described real property in accordance v.dth City specifications and stanca::c::
as es'~ablished.
4. If the Owner or his heirs, pel's anal representatives, succes SOl'S or as signs shall
fail to have sid~walks installed for the described real propcrtj in accordance with City
specincatiol1s and sb,ndards within ninety (90) days from the r~otification by the City,
then tbe City may hav(~ the sidewalks installed and assess and irnpose a lien against the
descri1jed real property for the C(>st of the work.
5. This agrcernent is to be regarded as a covenant ru:r.ning with the land regardless
of whether it is specifi-cally mentioned in any deeds or convcY<l.nce subsequently executed,
and this agreenlent shall be binding on all partie s, the heir s, per sonal repre sentatives,
successors or assigns.
6. All notices pUl".'mant to this agreement shall be furdshed to the respective partie::
at the following addresses, until receipt of written instruction::; notifying the other party
of a different address:
City;:
City' Manager
PO Box 4718
Clea :nvate:r, Florida
~t:CURI)En
'tIIILLAS CO. HNWli
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CLlAIl CIRCUI r COURT
Ownec-:
Kenneth Fuchs
1215 Drew Street
Clearwater, Florida
33518
lit 1
3 OS.. 'l~
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'~ETURN TO:
CITY CLERK
P. O. BOX 4743
CLEARWATER, FLA. 33t j, ''J.!'
, : " ~1-C05~:ey
This instrument was p;"('par0d 'by:'
HERBERT lVI, IGO\OYN, Ct:.r A~tonl'2Y
City of Clearw[,ter, p, O. 1-10:;,17,1.3
Clearwater, Florida 33518
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J. R, 4213 PAGE 791
cCll:',cd lh('~;(' 1)1'(':;('ld, r: {u 1
IN WI'J ]'H::;:~ ',\i!LIZlcn I lh.' pcIJoli,:; hereto h,I\T
vxccuh'd tll\~ dLt)' cUHl year laf.l ;d,(IVe writfl'l1.
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7~~
CIty Attorney
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As to Owner
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Owne
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(SEAL)
(SEAL)
WITNESS my signature and official seal at Clearwater in the
and State oil }"'lorida, the day and year last above written.
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My Cornmi~;sion Expires:
Notary Public, State of Florida at 1_
M Co " -'118
a Y m:mISS.on Expire. Sept, 29, 1 m
.IId.... h, American Fire & Cgsualty c..
STATE OF FLORIDA
COUNTY OF PINELLAS
Before me per sonally appcarcd i.e/Yl/vJ.ila (l/IA~/fi~.cU-( F ~
to Ine well known and known to me to be the individuals descri bed in and who executed the
foregoing agrecJnent and acknowledged before Ine that they ex(:cute(1..\b}\~~H~~~/.Jor the
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purpose s therein expr es s cd,,:\),~,,""."'o.:-;f 6-'~::
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WITNESS my hand and official seal this
My Conmlission Expires:
Notary Public State of Florida ~t l.~rr,!J
My Commission Expires June 27, 1975
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